What if my employee tests positive for COVID-19?

Q&A from a California employer whose employee tested positive for COVID-19.

BACKGROUND: 

  • Our manufacturing plant re-opened on May 25, 2020 and all employees returned to work.

  • Then, on June 3, an employee called in to his supervisor that he did not feel well.

  • He was instructed to stay home.

  • The employee called in this morning, June 8th, and said he has tested positive for COVID-19.

Q.  What do I do?

Governor Newsom’s Executive Order says that any employee who contracts COVID-19, will have presumed to have contracted the virus at work, if they meet the following criteria. (this is a rebuttable presumption)

  • An employee tests positive for COVID-19; OR

  • An employee is diagnosed with COVID-19 by a California physician and this is confirmed with a positive COVID-19 test within 30 days of the diagnosis; AND

  • The claim exposure is alleged from March 19, 2020 to July 5, 2020; AND

  • The positive test or diagnosis is within 14 days after the day the employee performed work at the employer’s business, at the employer’s direction

A.    Employer Responsibility:

REPORTING:

  • Mail or email an Employee Claim Form (DWC-1) to the employee. Be sure to fill out lines 12 and 13 that state the date the employer was made aware of the claim and the date the Employee Claim Form was given to the employee. Keep a copy for your file. Submit the form to the carrier when the employee returns their completed portion.

  • Call or email the report to the current carrier or TPA. Do not wait for the Employee Claim Form to be returned by the employee. You can send that later when it is received.

  • Inform the claims handler of all facts such as the dates the employee was previously off work, the date of return to work, red flags, and the last date worked before reporting the COVID-19 claim.

SANITIZING:

Assess the area(s) where the employee worked and thoroughly sanitize this area per the CDC Cleaning and Disinfection Protocols and the employer’s own Exposure Control Plan.

NOTIFICATION:

  • While maintaining confidentiality of the employee’s name, notify other employees that could have been exposed.

  • Ask them to monitor their health closely for the next 2 weeks, taking their temperature every morning.

  • Ask them not to come in to work if their temperature is greater than 100.4 F. and they exhibit other COVID-19 symptoms of coughing, shortness of breath, etc. 

  • If they exhibit symptoms within 14 days, recommend that they be tested by their doctor for COVID-19.

COMMUNICATION:

  • Tell your employee you will be filing a claim with your Workers’ Compensation carrier

  • Follow up often and regularly with both your employee and claims handler about the status of the claim and the return to work clearance.

  • Request a doctor’s clearance before the employee returns to work.

RECORDKEEPING:

  • Keep a separate private log of any reported COVID-19 cases.

  • Cal OSHA requires that the claim be logged on the OSHA 300 if the claim is accepted as compensable.

  • Keep track of days employees are working remotely.

COVID-19Abe Jabhan, JDcovid, claims managementComment